Divorcing with Dignity: Here’s What No-Fault Divorce Will Mean for Separating Couples
No-Fault Divorce
Ending a marriage is never easy, but it can be challenging to do it without any blame. In a no-fault divorce, both parties agree that the marriage is over and that there is no need for a trial or either party to prove anything. This can be an excellent option for couples who are ready to move on but don’t want to deal with the drama of a traditional divorce.
No-fault divorces are a recent development in the world of divorce law. Before their introduction, the only way to get a divorce was to prove that one party was at fault for the breakdown of the marriage. This could be difficult and expensive, and it often led to bitter court battles between spouses.
How does no-fault divorce UK works?
No-fault divorce works by eliminating the need to prove who was at fault for the breakdown of the marriage. Instead, both parties agree that the marriage is over. There is no need for a trial or either party to prove anything. You will need to produce a statement of irretrievable breakdown (SIB). This means there is no hope of reconciliation, and the marriage has broken down beyond repair.
This act will end the fault arguments • There will be only one ‘ground’ with the provision of a statement of irretrievable breakdown of the marriage. • The 5 facts will be removed. • Parties will be able to make a joint statement. • It will not be possible to contest the decision to divorce
There will be a minimum period of 20 weeks from the start of proceedings to obtaining a conditional order • Twelve-month wait to commence divorce will remain • Will retain 6 weeks between conditional order and final order
Can A No-Fault Divorce Be Contested?
It will not be possible to contest the decision to divorce. However, if your partner disagrees that the marriage has ended, you will need to go through the traditional divorce process. This involves proving that the marriage has broken down and usually requires a trial.
Either way, we can help you through the process and ensure that you get the best outcome possible.
If you consider a no-fault divorce, don’t hesitate to contact us today for a free initial consultation.
We help you find the best way forward and make sure that you get what you deserve
UK divorce law reforms will come into effect on 6 April 2022. For most people, the switch to a no-fault divorce system has been a long time coming.
With the outgoing fault divorce system, a person looking to separate from their spouse has to prove that their marriage is irretrievably broken based on five facts. These are:
- That their partner has committed adultery
- That their partner has behaved unreasonably
- One partner has deserted the other for two years or more
- That you have lived separately for two years, and both of your consent to the divorce
- If you have lived separate and apart for five years
For this reason, divorces had to be a nasty business where one person had to lay blame on the other partner. Alternatively, you’d have to stay in an unhappy marriage for more than two years, even if both of you have agreed to separate.
This is where the new no-fault divorce laws come to change things for the better.
What is a No-fault Divorce?
A no-fault divorce is where the dissolution of a marriage or civil partnership does not require one of the parties to prove the other is to blame for the failure of the union. With the new law, the court does not require proof that the marriage is irretrievably broken.
What’s more, there is no room for contesting a no-fault divorce. If one of the partners decides that the marriage is broken, they can go ahead and file a divorce petition. If both partners agree to end things amicably, they can file for a no-fault divorce together.
How Do I Get A No-fault Divorce?
Although the details will be ironed out in the coming months, here is a broad idea of what the new application process will be:
- One or both of the parties will give the court notice that their marriage has irretrievably broken down, either through an online application or using a paper form
- After a 20-week waiting period, the party or parties who gave the notice will confirm that they still want to proceed with the divorce
- The court will then make a conditional order, previously referred to as a “Decree Nisi”
- After six weeks, the court can then make the final order, previously referred to as “Decree Absolute”
Do I need my Marriage Certificate to get a divorce?
When you are filing your divorce petition then you will need to provide an original or a certified copy of your marriage certificate. If your marriage is registered in the UK you can get this from the registry office by clicking on this link. https://www.gov.uk/order-copy-birth-death-marriage-certificate. Once you have obtained your marriage certificate then contact us we will then be able to help you with your divorce application.
Do I have to attend the MIAM service?
If you are a victim of domestic abuse and you can provide this evidence, then you are exempt from attending mediation. You can also be exempted if your family mediator feels that mediation is not suitable in your case in this situation you do not need to attend mediation and just issue your divorce petition.
How Can a Lawyer Help During a No-fault Divorce?
Divorce is more than just the separation of a previously married couple. It has far-reaching implications for you and your family even if it proceeds peacefully. You will still need to sort out your finances, living, and child arrangements.
At such an emotionally charged moment, you may overlook some important factors.
Another reason you’ll still need a family law expert is because of the legal consequences of a divorce. For instance, it could affect other areas like your pension entitlements and tax position. A specialist family law expert will protect your interest and financial position to ensure the best outcome for you.
If you’re looking to apply for a divorce or respond to a divorce petition, don’t do it alone. At Zain Legal & Co., our experienced family law experts will guide you through the process to ensure a speedy, painless, and overall successful journey. Book a call with us right now and schedule your consultation.
